Alcohol & Drug Abuse by Truck Drivers

21 Jan 16

posted by
Arnold & Itkin LLP

Accidents involving
alcohol or drugs are a major cause of fatalities in the United States. When an individual
chooses to get behind the wheel after consuming alcohol or drugs, they
are putting more than just themselves at risk—they threaten everyone
else on the road. When a commercial truck driver drives while impaired,
it is even more dangerous.

How DWI Truck Accidents Differ

A DUI or DWI truck accident can be extremely destructive, as the sheer
force of an 18-wheeler or commercial truck is far greater than that of
an average vehicle. In fact, most semi-trucks or tractor-trailers weigh
around 80,000 pounds. When a driver is no longer in control of a truck
that weighs that much, the results can be devastating.

These accidents different from regular passenger vehicle accidents in several ways:

The commercial driver may have a union / larger corporation protecting them.

The difference in size means the passenger vehicle driver often faces serious injuries.

The injuries and expenses involved in such accidents are often much more severe.

BAC for commercial drivers is lower than the typical .08 BAC limit.

The laws regulating drug and alcohol testing for commercial truck drivers
is defined under the Department of Transportation’s rule, 49, CFR
Part 382. It covers everything from pre-employment chemical tests to reasonable
suspicion testing, to post-accident testing.

How Is Drug or Alcohol Impairment Determined?

For alcohol testing methods, evidence must be collected through means of
a saliva device, alcohol screening device, or an evidential breath test.
The method must be preapproved by the National Highway Traffic Safety
Administration and performed by a trained breath alcohol or screening
test technician, depending on the type of test.

The confirmation sample must then be conducted within 30 minutes of the
screening test and performed with an evidential breath testing device
by a trained breath alcohol technician. The law strictly prohibits an
employer from allowing a driver with a BAC of .04% or greater from operating
the vehicle. Furthermore, a driver with an alcohol concentration of .02%
or greater, but below .04%, must be removed from duty for at least 24 hours.

Why You Need a Lawyer After a DWI / DUI Truck Accident

Keep in mind, even if a truck driver is convicted in criminal court of
driving under the influence of alcohol or drugs, that doesn’t mean
you automatically receive compensation for your injuries. You will likely
need to pursue a lawsuit against them. Truck drivers will be backed by
their company, their company’s insurance company, and their lawyers.
Don’t try to take these entities on by yourself! Instead, turn to our firm.

If you were injured by an impaired truck driver, your case calls for the
skilled counsel and representation of a Houston truck accident lawyer.
Our firm has helped injured clients receive more than
$1 billion in just 5 years. Arnold & Itkin understands the complexities of such
accidents and can help develop a strong case against the accused.

Office Location

Contact Us

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative
of cases handled by Arnold & Itkin LLP. These listings are not a guarantee
or prediction of the outcome of any other claims